Buchholz v. United States Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Callahan; J.
The principal question involved herein is whether plaintiff’s cause of action was saved by section 23 of the Civil Practice Act, which gives a plaintiff a year after dismissal of suit (other than upon the merits) to sue again on the same cause of action.
Heretofore plaintiff sued defendant on a fire policy. The fire occurred December 14, 1937. The first action was dismissed on July 10, 1941, after a trial, because of plaintiff’s failure to comply with a condition precedent, i.e., proceed with an agreement for an appraisal. This court affirmed the judgment of dismissal (265 App.…
2Cases cited11 opinions
- United States Fidelity & Guaranty Co. v. Graham & Norton Co.New York Court of Appeals · 1930
- Richard v. American Union BankNew York Court of Appeals · 1930
- Moloney v. . NelsonNew York Court of Appeals · 1899
- Streeter v. Graham & Norton Co.New York Court of Appeals · 1933
- Wooster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1877
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3Cited by22 opinions
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
- 423 South Salina Street, Inc. v. City of SyracuseNew York Court of Appeals · 1986
- De Ronda v. Greater Amsterdam School DistrictAppellate Division of the Supreme Court of the State of New York · 1983
- Marco v. DullesDistrict Court, S.D. New York · 1959
- Hoagland v. Railway Express AgencySupreme Court of Florida · 1954
17 more not listed; retrieve them via the Exa API.